The Media Rights Institute has prepared a draft law “On Expression Freedom” and it will be published in the near future. During the preparation of this draft law the theses of Georgia’s draft law “On Expression Freedom” and legal conceptions of European countries were considered. (29-FEB-08)
Placed on website by Shahla Ismayilova/HRH Azerbaijan on the basis of materials from Media Rights Institute and IRFS
This law permits interference in expression freedom only in case if that interference:
• should be directed to achieving legitimate purpose
• should be defined with clear, simple and purposeful law
• in a democratic society should be put forth when needs are inevitable
• the necessity of value protected with imposing restriction should be higher than the negative results achieved by restriction
• should be indiscriminative
According to this draft law everyone has the right to appeal to court about defamatory expressions. The court may force a defendant to pay for damages if material damages are proved. The fine for moral damages cannot exceed conditional 1000 standard financial units. The draft law recommends to make some changes in articles 147(defamation) and 148(insult) of the Criminal Code but doesn’t demand their removal.
According to draft law, the expression “or imprisonment up to one year” should be taken away from Article 324 and 323 of the Criminal Code.
